Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-05-13
FISHERIES CONTROVERSY
THE CORRESPONDENCE BETWEEN
THE TWO GOVERNMENTS.
Secretary Bayard Wants a Mixed Commits.
sion to Settle the Dispute-English
willing to Revert to the Conditions
of the Convention of 1918

correspondence bulS dlJeTHOOu, uliCn Vi
which has already appeared and only the
later dispatches are of public interest at
this time. Following are the recent nego
tiations for the settlement of existing diff
ficulties 1t appears that on December 3
last, Mr.. Phelps transmitted to the i'm
perial government copy of the outline
for proposed ad interim arrangement
between the two governments on this
subject, which had been prepared by Sec
rotary Bayard. After reciting the differ
ences which had arisen in regard to the
Interpretation of the treaty of 1918, Secre-
tary Bayard proposed mixed commits
sion for the following purposes
First to agree upon and establish, by
series of lines. the limits which shall separate
the exclusive from the common right Of fish
ing on the coasts and in adjacent waters of
the British North American colonies, in con-
formity with the first article of the conven.
ton of 1878, except that bays and harbors
from which American fishermen are in future
to be excluded, save for purposes for which
entrance into bay and harbors is permitted
by said arr lcle. are hereby agreed to be taken
to be such bays and harbors as are ten or less
than ten miles in width, and a distance of
three marine miles from such bays and har-
bors, shall be measured from straight line
drawn across the bay or harDor in the port
nearest the entrance at first point where the
width does not exceed III miles, said lines 10
be regularly numbered, duly described, and
also clearly marked on charts prepared in du-
plcate TOR the proposed act;
Second, TO agree upon and establish such re-
lations as may be necessary and proper to Sc
cure to the fishermen of the United States he
privilege of entering bays and harbors for the
purpose OF shelter and repairing damage
therein, of purchasing wood and obtaining wat
err, and to establish restrictions to prevent the
abuse of privileges reserved by said cOnven-
ton to fishermen of the United States.
Third, to agree upon and recommend penal :
ties to be adJudged and such proceedings and
jurisdiction as may be necessary to secure
speedy trial and Judgment for violators of
rights and transgressoIs or limits and restric-
tions which may be adopted.
Pending a definite arrangement there
was to be abstention from Selling United
States fishing vessels unless found within
three marine miles of the Canadian coast
Mr.. Bayard further proposed that each
country should send Il national vessel to
the gulf and to the south coast of Nova
Scotia to superintend the fishing opera.
tions, and to hear and examine into any
cases of dispute which might arise, and
also suggested that the government of
Great Britain is to release all United
States fishing vessels now under seizure
for failure to report at the custom houses,
and to refund all fines exacted for such
failure.
A copy of this dispatch was duly for
warded to Canada and under date of De
cember 2S Lord Landsdowne forwarded
the reply of the Canadian government.
With regard to the first article in Secre
tary Bayard's proposal, it says that this
reservation involves the surrender of the
exclusive right of fishing in bays which
have hitherto been regarded as beyond all
question within the territorial waters of
Canada. Article two of the memorandum
prejudices in favor of the United States
one of the most important of the points
which has been in dispute, by deciding
adversely to Canada the construction
which is to be placed upon the imperial
and Canadian statutes, the proper inter
probation of which is at this moment the
subject of litigation before the Canada
courts. Article three was objected to as
likely to lead to frustrating the ends of
justice. Article four prejudices in favor
of the United States an important ques-
ion which has arisen as to the commercial
privileges to which United States fishing
vessels are entitled while in Canadian
waters. The history of the negotiations
which preceded the convention Of 1918
makes it perfectly clear that the purchase
of bait was not one of the purposes for
which it was intended that United States
fishing vessels should have the right of
entering Canadian waters. 1t is, observe,
proposed by Mr.. BByard in the article un-
der consideration that this point also
should be decided in anticipation against
the dominion without further discussion.
Under article five it is assumed that seiz-
ures and detentlons which have taken
place during the past season in conse-
quence of non compliance by United
States fishermen with the customs laws OF
Canada, have in all cases involved a VIC
lation of the treaty of 1918 by the Cana
dian authorities, and the Canadian gov
eminent was in effect asked before going
into court to plead guilty to all accounts
contended III this part of Indictment
against the United States.
Sir Henry Holland answered this by
saying that the government thought IT
best to revert temporarily, at least, to the
former condition of things under the
treaty of 1918, the question of indemnity
hQiny raised IN lie
downe agreed.
Lord Salisbury in communicating to
the American government the consent OF
the imperial authorities to a mixed com
mission to report upon matters referred
to in the three first articles OF the draft OF
the protocol communicated to Earl Clar-
endon by Mr.. Adams in 1866, says Pend
ing the termination of questions which 1t
would discuss, it would be indispensable
that the United States fishing vessels en-
tering Canadian bays and harbors should
govern themselves not only according to
the terms of the convention of 1918, but
by regulations to which they. in common
with other vessels, are subject while with
in such waters Her majesty's govern
ment and the government of Canada, in
proof of their earnest desire to treat the
question in a spirit of liberality and
friendship, are now willing to revert fol
the coming fishing season. and If necessa
ry for further term, to the condition OF
tnlnRS eXlStlnB under tne treaty OF WASH
ington, without any suggestion of pecu
mary indemnity.
In the instructions to fishery officers in
command of the fisheries protection yes
sells, under date of April 16, Mr.. Foster
says: You should be most careful not tC
strain the Interpretation of the law in the
direction of interference with the rights
and privileges remaining to United States
fishermen in Canadian waters under the
convention of 1878. To this end the largest
liberty compatible with a full protection
OF Canadian interests is to be granted
United States fishing vessels in obtaining
in our waters shelter, repairs, wood anc
water.
Connecticut River Valley Medical Asso
citation.
The Connecticut River Valley Medical
association held their 9th annual meet
ing at Bellows Falls Tuesday. About q
members were present and the meeting
was one of great interest. The exercises